General Terms and Conditions (GTC)

Introduction and Scope is an online shop run by mobilezone.

The General Terms and Conditions (hereinafter 'GTC') of mobilezone ltd (hereinafter, unless further specified, 'mobilezone') set out herein apply to products of the jusit brand.

All natural or legal persons who maintain a business relationship with mobilezone are considered customers.

A prerequisite for concluding valid contracts in the jusit online shop is that the customer has a domicile or headquarters in Switzerland or Liechtenstein.

mobilezone performs all deliveries and services for orders in the jusit online shop solely on the basis of these GTC, in the version that is valid at the time of the order.

With the purchase or the order, the customer accepts the GTC.

Individual written agreements between mobilezone and the customer which deviate from these GTC shall not be affected.

1. Order and conclusion of contract

The product and service information published online or in written offers from mobilezone constitute non-binding offers.

With regards to the information, incorrect price specifications and/or the impossibility of delivery cannot be ruled out and mobilezone reserves the right to change the information at any time.

Written offers from mobilezone and the offers presented in the jusit online shop are considered solely to be invitations to treat.

An order made by the customer is binding for the latter. The customer is responsible for the online order, and the order shall be processed exactly as received by mobilezone and without further consultation with the customer.

mobilezone retains the right to refuse to process an order at any time without providing reasons for doing so. A purchase agreement comes into being only if and when mobilezone executes the customer's order.

2. Product information

The details available online or in written offers from mobilezone (illustrations, measurements, technical specifications or other services) are to be understood only as guidelines and do not guarantee characteristics as per Art. 197 of the Swiss Code of Obligations. This information is provided and transferred by the manufacturer and supplier.

Therefore, no liability can be assumed for the correctness, completeness and currency of the information.

3. Prices

The prices stated on the receipt or in the order confirmation sent by e-mail or post are applicable. If these prices are higher than those specified at the time of the order, the latter shall apply.

In the event of delays in delivery, the price at the time of the order is applicable.

Unless otherwise specified, prices are in Swiss francs and include VAT, advance recycling fees and any copyright notices.

The right to change prices at any time remains reserved.

4. Payment processing

Payment reminder: no charge

1. reminder: CHF 25.– plus default interest

2. reminder: CHF 25.– plus default interest

Debt collection handover CHF 20.–

The invoice of AB is due for payment within 30 days.

5. Delivery and performance time

Dates and delivery periods are generally non-binding. The specification of certain delivery periods and deadlines on the part of mobilezone is subject to the condition that the suppliers and manufacturers make correct and timely deliveries. Delivery deadlines can be changed by suppliers or manufacturers at any time, even after the receipt of the order.

The delivery of an order confirmation does not constitute a promise that the product is actually in stock or can be delivered. All liability on the part of mobilezone is excluded. Should a delivery not take place, the customer has the right to rescind upon the contract 30 days after the specified delivery date.

The risk is transferred to the customer when the product is sent.

All products ordered from the jusit online shop by consumers are sent at the expense of mobilezone.

6. Obligation to accept, cancellation

The customer is obligated to accept the services or products delivered by mobilezone.

Should the customer refuse to accept the goods or declare unwillingness to accept the goods, the costs incurred may be invoiced to the customer in the form of a reimbursement for expenses.

Should the customer refuse to accept an order, the customer shall be invoiced a lump sum of CHF 60.– in addition to postage costs incurred.

For orders including a subscription with a mobile network provider, a lump sum of CHF 100.–, in addition to any postage costs incurred, shall be invoiced.

Amounts transferred by credit card, Postcard, Post E-Finance or Twint shall be credited to the original account less the lump sum for the reimbursement (CHF 60.– or CHF 100.–).

7. Delivery shortcomings

Delivery shortcomings must be reported within 48 hours of receipt of the consignment at or 058 400 33 33.

8. Warranty and guarantee provisions

Within 48 hours of the receipt of the shipment at the latest, the customer must have inspected the condition of the products received and reported any defects or shortcomings to mobilezone.

Incorrect deliveries also count as defects in this context. If the customer neglects to do this, the products purchased are considered to be accepted, provided there are no defects that were undetected during careful inspection.

Should such defects later prove to exist, the customer must report them within 48 hours of discovering them. Otherwise, the products shall be considered accepted, even in light of these defects.

mobilezone grants a warranty for products sold under the brand "jusit" for the following period:

12 months for used mobile phones, tablets, smartwatches and other devices; as well as 6 months for accessories and mobile phone consumables such as batteries, chargers, headphones, memory cards, etc., 3 months for repairs (replaced parts and labour) and on replacement devices (swap). The warranty period begins on the date of the invoice. The transfer of the warranty to third parties is excluded.

If a defect subject to warranty occurs during the warranty period of a "jusit" brand product,

the customer is only entitled to a repair by the service centre authorised by mobilezone in accordance with the specifications of the manufacturer's warranty.

With regard to the content of the warranty service, the jusit warranty provisions of mobilezone apply exclusively. All other/additional warranties are excluded.

There is no warranty for damage caused by normal wear and tear or by accident, misuse, contact with liquids or other external influences on the device.

A reduction or rescission of the sale is ruled out. The customer has the option to return their device to the return address for jusit products provided by mobilezone after filling out the online form.

After the guarantee service has been taken care of on the part of the service centre, the device shall be returned to the customer via post.

If a device cannot be repaired by the service centre, mobilezone reserves the right to exchange the device concerned for an identical or technically equivalent device and dispose of the old one.

A warranty claim has no effect on the warranty period, only the invoice date at the time of purchase is decisive for this.

In the case of a replacement device, the warranty period does not start anew and is not extended. The same applies to repairs under warranty.

If the defect in the device is not covered by the warranty, the customer shall be charged CHF 50.– for transport, error diagnosis and processing.

Instead of doing that, however, the customer has the choice of having the device repaired as stated in the cost estimate from mobilezone or disposed of for free. Furthermore, all warranty claims are hereby excluded within the scope of what is legally permissible.

9. Returns

Products are returned to the return address specified by mobilezone at the expense and risk of the customer. A return must always be notified in advance by the customer using the online form.

When sending in and handing over a device or data storage media, the customer must ensure that data on it, such as contact data, SMS, MMS, pictures, ringtones, images, voice recordings and software such as apps or maps, is backed up by making copies.

mobilezone may delete all data and cannot be held responsible for data loss of any kind.

10. Returns and replacement

jusit products purchased in this online shop or in a mobilezone shop can be returned by the customer within 14 days without stating a reason.

Products are returned at the expense and risk of the customer to the return address specified by mobilezone for jusit products. Returns must be reported in advance via the online form.

The products returned by the customer must be in their original, working condition and in their original packaging together with all accessories.

If an item sold as unopened is returned opened, it cannot be refunded in full.

The right of return is voided if the device shows damage or signs of use caused by the customer or if the device has been mechanically opened or tampered with.

A device can still be returned even if it has already been configured/set up for use. Only the maximum purchase price of the goods and no additional costs such as postage or fees will be refunded.

11. Provisions of the buy-back programme and disposal

Mobile phones can be disposed of or returned directly to mobilezone. The buy-back conditions of mobilezone apply.

14. Exemption from liability

Liability on the part of mobilezone is hereby excluded to the extent which is legally permissible.

15. Exemption from liability for external links

The jusit online shop may contain links to third-party websites. Third party websites may include links to the jusit online shop.

mobilezone assumes no responsibility for such websites and their content or for the products, services or any other offers which they tender. Furthermore, it assumes no responsibility for their compliance with data protection provisions and distances itself from them.

Users activate links at their own risk.

16. Security and data protection

The personal customer data recorded during the processing of contracts is stored by mobilezone and can be used for the purposes of processing the contract, marketing and statistics.

In all of these cases, the data may be passed on to companies associated with mobilezone and used by them.

mobilezone has the right to use personal data recorded during the processing of contracts for marketing communication with customers (for instance, via SMS/MMS, e-mail or post).

The customer may inform mobilezone at any time that they would no longer like to receive marketing communications by e-mailing or calling 058 400 24 77.

Customer payments made in the jusit online shop are made in a protected area (Saferpay) where data is transferred in encrypted form.

mobilezone can assume no liability for the security of the transfer of the data or the transferred data itself.

All photographic material used by mobilezone is protected by copyright and may be used only with consent from mobilezone.

Detailed provisions and explanations are set out in mobilezone's privacy policy.

17. Applicable law and place of jurisdiction

The legal relationship between the customer and mobilezone is subject to Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The courts responsible for the City of Rotkreuz are solely responsible for any disputes resulting from or in connection with this legal relationship.

Compulsory courts of jurisdiction, in particular consumer courts of jurisdiction, shall remain unaffected.

18. Miscellaneous provisions

Should any provision of these GTC be or become invalid, the remaining provisions of these GTC shall not be affected by this.

mobilezone and the customer hereby undertake to agree on a provision that corresponds as closely as possible to the meaning and purpose of the invalid standard provision.

Changes, supplements and side agreements made to these GTC must be made in writing.

19. Entry into force

These GTC shall enter into force on 12 June, 2020.

mobilezone ltd, 12 June, 2020

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